Rachel Barnes

Call: 2004

"She’s absolutely first class, has a top intellect and leaves no stone unturned."

Chambers UK 2020: POCA Work & Asset Forfeiture

"…pragmatic, hands-on, easy to work with, always available."

Chambers UK 2020: Sanctions

“Absolutely meticulous in her preparation and doesn’t miss a trick.” “She is an intellectual heavyweight whose legal knowledge and diligence make her a formidable advocate.”

Chambers UK 2020: Extradition

“… highly regarded for her expertise in cases involving money laundering and complex fraud. Her dual qualification in US law makes her a go-to counsel on matters with a transatlantic element.”

Chambers UK 2020: Financial Crime & Financial Crime: Corporates

“She is absolutely excellent technically, works like a Trojan, is always responsible and sensible, has an extremely good analytical brain and is very knowledgeable.” “One of the best navigators of the complex financial and trade sanctions regime.”

Instructing Rachel

Rachel Barnes is recognised as a leading practitioner in Sanctions, Financial and Corporate Crime, Fraud, International Crime and Extradition and Proceeds of Crime & Asset Forfeiture.

An expert in international financial and trade sanctions, Rachel acts for national and international companies and individuals in this area and on cross border, jurisdictional and state immunities matters more generally. A substantial portion of this work is pre-charge and confidential.

Clients value her US background and knowledge of US OFAC (Office of Foreign Assets Control) sanctions, as well as her wider practice in cross-border criminal investigations including corruption cases, extradition and MLA, public law and commercial cases. Rachel acts in public law and civil cases with criminal justice and public international law aspects. She is a member of the Attorney General’s specialist panel of Public International Law Junior Counsel to the Crown and the SFO’s A panels of prosecuting and POCA counsel. She appears in all criminal courts, High Court (QBD, Administrative and Commercial Courts), Court of Appeal and Supreme Court.

Rachel is a dual-qualified US attorney and English barrister. She began practice in New York in 1999 and a significant proportion of her work is US-related. She remains a member of the New York Bar, admitted to practise before the NY state courts and the federal courts of the Southern and Eastern Districts of New York. She has experience of cases in Washington DC involving the SEC, OFAC, the DOJ and Congressional inquiries.

Legal Expertise

Crime overview

Rachel prosecutes and defends in financial and complex crime cases. She prosecutes for the SFO and FCA. She is described by Chambers UK 2020 as “go-to counsel on matters with a transatlantic element” and “an accomplished junior whose international crime and fraud practice is complemented by her expertise in extradition and confiscation”. Rachel is often instructed at the beginning of large cases and so much of her work is pre-charge and confidential. She is regularly instructed by firms who are involved in criminal investigations in a witness rather than suspect capacity. She is currently instructed in a number of contested POCA account freezing and forfeiture cases.

Complex commercial fraud

Sanctions and export controls

Corruption

Money laundering

Asset restraint and confiscation, including foreign requests

Transnational crimes

Other serious crime including murder, torture, misconduct in public office

R v Shanahan (Operation Eleveden) Central Criminal Court, 2014

Sanctions and export controls overview

Rachel is a recognised market leader in sanctions law. As an English barrister and US attorney, she is uniquely placed to advise on UK, EU and US sanctions regimes and has a wealth of experience from specialising in this area for many years.

She is known for her strategic approach in dealing with regulators and other third parties in cases involving alleged sanctions breaches and in assisting companies to comply with sanctions laws and regulations and export controls, particularly in large cases across multiple jurisdictions. She is “pragmatic, hands-on, easy to work with, always available and someone who is able to quickly become one of the team” (Chambers UK 2020: sanctions).

In addition to her criminal/regulatory and corporate sanctions work, Rachel is currently advising a number of civil society organisations on use of sanctions as a tool for human rights accountability and the UK’s post-Brexit autonomous human rights (global Magnitsky) sanctions framework. Rachel has acted for clients challenging their designation under international sanctions programmes before the English High Court, in the EU and the UN Security Council Ombudsperson.

Rachel regularly speaks on sanctions related matters. She has taught a masters course at LSE on the Law and Policy of Economic Sanctions and was awarded her PhD from Cambridge University for her study of UN Security Council’s use of economic sanctions.

Notable Sanctions and export controls cases

Financial Institutions

International bank and EU and US sanctions regimes; EU banker and US Department of Justice investigation; UK bank and Iran sanctions; European bank and overseas freezing orders on deposits subject to financial sanctions.

Law Enforcement Investigations & Referrals

Company services provider and Ukraine/Russian sanctions; manufacturing company and Iran export control violations; High Street company and breaches of Iran financial sanctions; Medical supplies company and Iran exports and payments.

Other advisory Work

UK exporter and financial payments on behalf of Iranian customers; Technology company and business development in Iran; EU parent company with international subsidiaries: directors’ and officers’ liabilities for sanctions breaches; EU communications firm and the repatriation of assets from Iran.

NGOs

Humanitarian aid and Syrian sanctions; Iran sanctions.

Expert witness in ICC Arbitration

Re extra-territorial reach of US sanctions in a high value commercial dispute.

UN Security Council Ombudsperson

Led an international team representing 6 clients in successful delisting petitions.

Extradition & MLA (mutual legal assistance) overview

Rachel acts for individuals, governments and interveners in complex extradition and MLA cases, including in challenges to Interpol Red Notices. Many of her cases are US-related. She recently represented the SFO in contested asset restraint proceedings related to a high profile US prosecution and is currently instructed by the SFO in restraint proceedings related to a large overseas corruption case.

Murtati v Albania [2008] EWHC 2856 (Admin)

Civil and Public Law overview

Rachel’s civil and public law practice has grown out of her international law expertise. She has an established “niche fraud practice at the juncture of civil and criminal litigation” (Chambers UK 2014). She acts in criminal justice and extradition related judicial reviews and private and public law claims with criminal justice and/or international law aspects, including in group litigation.

Judicial review of Coroner's decision to exclude persons from court room during Inquest.

Re (Children) [2016] EWHC **** (Fam) (anonymised)

Sole counsel for a Police Force in proceedings brought by a local authority under The Children’s Act 1989 in response to allegations that the mother intended to travel with her children to ISIS-controlled territory in Syria.

Gujra v DPP [2012] UKSC 52; [2013] 1 AC. 484

Judicial review of DPP's policy on private prosecutions (junior counsel for the DPP).

Cherney v Deripaska (2012)

$4bn claim in the Commercial Court (junior counsel for D).

R (Mucelli) v Secretary of State for the Home Department [2012] EWHC 95 (Admin)

Re a foreign official (confidential)Acting pre-charge for a foreign official arrested whilst visiting the UK re allegations of corruption. Issues include immunities from prosecution

Re. alleged breaches of Iran sanctionsActed for well-known high street company in self reporting to HM Treasury and the NCA (junior counsel) (2016-2017)

Re alleged breaches of Iran export controlsActed for company in HMRC investigation, resulting in minimal civil financial penalty and no prosecution (2016-2017)

Re potential proceedings for serious international crimesRetained by foreign Government to advise re potential proceedings against officials for alleged international crimes (junior counsel) (2014-2017)

Re (Children)[2016] EWHC **** (Fam) (anonymised)
Sole counsel for a Police Force in proceedings brought by a local authority under The Children’s Act 1989 in response to allegations that the mother intended to travel with her children to ISIS-controlled territory in Syria

International, foreign and EU laws

In re D, T, A & A(2011-2013)Successful delisting applications before the UN Ombudsperson for individuals on the UN Security Council Al-Qaida sanctions list. Instructed by the European Centre for Constitutional and Human Rights.

In re T(2011)
Re Interpol red notices

Brunei Investment Agency v D & Z(2011, Sup Ct NY)
Claim against former advisors of Prince Jefri of Brunei in New York courts

Instructing Rachel

‘excellent market feedback.’ “A very clear advocate who is organised, bright and a pleasure to deal with.” “She’s absolutely first class, has a top intellect and leaves no stone unturned.” Chambers UK 2020: POCA Work and Asset Forfeiture

“She is pragmatic, hands-on, easy to work with, always available and someone who is able to quickly become one of the team.” Chambers UK 2020: Sanctions

“Absolutely meticulous in her preparation and doesn’t miss a trick.” “She is an intellectual heavyweight whose legal knowledge and diligence make her a formidable advocate. Rachel is exceptionally talented in complex extradition cases” Chambers UK 2020: Extradition

“An accomplished junior whose international crime and fraud practice is complemented by her expertise in extradition and confiscation proceedings. Although she often advises individuals, she is also increasingly sought out by companies that are dealing with internal investigations or are accused of potential sanctions breaches and illegal manipulation of benchmark rates. She is highly regarded for her expertise in cases involving money laundering and complex fraud. Her dual qualification in US law makes her a go-to counsel on matters with a transatlantic element. “She’s pragmatic, hands-on, always available and someone who becomes one of the team easily. Clients find her very user-friendly.” “She demonstrates excellent technical knowledge and is a tenacious advocate.” ” Chambers UK 2020: Financial Crime & Financial Crime: Corporates

“Well known for her expertise in sanctions law.” The Legal 500 2020: Business & Regulatory Crime

A criminal law specialist with an extremely strong extradition practice. “She’s got a very good all-round grasp of crime and public law.” Chambers UK 2019: Extradition

An accomplished junior whose international crime and fraud practice is complemented by her expertise in extradition.

“She’s inexhaustible, has a very good legal brain and is always so well prepared.” “She is a first-rate advocate who is hard-working and has great client skills.” Chambers UK 2019: Financial Crime, Financial Crime: Corporates.

– The Legal 500 in: Business and Regulatory Crime; Fraud (Crime); International Crime and Extradition

‘An accomplished junior whose international crime and fraud practice is complemented by her expertise in extradition. “She is absolutely excellent technically, works like a Trojan, is always responsive and sensible, has an extremely good analytical brain and is very knowledgeable.” “One of the best navigators of the complex financial and trade sanctions regime.”’Chambers UK 2018: Financial Crime and Financial Crime: Corporates

‘Her US qualifications and experience put her head and shoulders above her peers in this area.’ The Legal 500 2017: Fraud (Crime)

In the American piece of the sanctions puzzle that most London counsel cannot fill, she can.’The Legal 500 2017: Business and Regulatory Crime

Rising star of the junior Bar who has depth of knowledge in international criminal law and is applauded for her skill in handling extradition matters related to death penalty sentences. The quality of her case preparation was praised, as was her persuasive advocacy style. “She is an academic-style lawyer who has a fantastic understanding of international law.” “She is very, very hard-working and comes up with amazing stuff.” Chambers UK 2016: Extradition

‘She is tenacious, committed and has an attention to detail rarely seen equalled.’ The Legal 500 2015: Fraud Crime

‘She is very clever and very thorough.’ ‘She is bright, phenomenally hard-working and the ideal junior for fraud.’ Chambers UK 2015: Financial Crime

‘Everything she does is absolutely meticulous, and she really is someone you want to have on your side.’ ‘She knows more about the case than anyone else and has all of the facts at her fingertips.’ ‘She has a super brain, is really smart and is also very strategic.’ Chambers UK 2015: Extradition

“Highly knowledgeable in extradition and mutual assistance, she often handles serious cases, including those relating to terrorism.” “She is extremely bright and produces excellent written work.” Chambers UK 2014: Extradition

“Has carved out a niche fraud practice at the juncture of civil and criminal litigation. Instructing solicitors particularly value her knowledge of international law.” “A star of the future.” Chambers UK 2014: Fraud

Junior counsel in a range of complex and cross-border litigation, including securities and banking fraud, money laundering and asset restraint, and corruption in international business transactions; internal investigations relating to financial and regulatory crime both in the US and overseas; advised corporations on money laundering, corruption and sanctions regulatory compliance and general corporate governance matters.

“Economic Sanctions: Law and Compliance”, 22 March 2011, Proceeds of Crime and Confiscation Conference, London

“Compliance, credibility and the UN Security Council’s targeted sanctions against Al-Qaida and the Taliban”, 16 April 2010, International Law Association, British Branch conference, Oxford Brookes University, Oxford

I, Rachel Barnes, am a data controller and can be contacted at 3 Raymond Buildings, Gray’s Inn, London WC1R 5BH or by telephone on 020 7400 6400 or by email at rachel.barnes@3rblaw.com. My Data Protection Policy can be found below.

All personal data that I process is for the purposes of providing legal services, conducting conflict-checks, marketing, defending potential complaints, legal proceedings or fee disputes, keeping anti-money laundering records, training other barristers and pupils and when providing work-shadowing opportunities, and/or exercising a right to a lien. The types of data I process vary upon the nature of the legal matter but can include names, contact details, biographic details and ‘special category personal data’ (such as details of racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sex life and criminal convictions and proceedings).

Depending upon the circumstances of the case, the legal bases upon which I process personal data are (i) the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract, (ii) the processing is necessary to comply with legal obligations to which I am subject, or (iii) the processing is necessary for the legitimate interests set out above, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subjects which require protection of personal data, in particular where the data subject is a child. When I rely on (iii) legitimate interests, my ‘Legitimate Interests Assessment’ can be found here. When I process data which has not be obtained directly from the data subject (e.g. personal data contained in evidential materials), it will have been supplied to me as part of my instructions in circumstances covered by legal professional privilege.

Depending upon the circumstances of the case, I may share the personal data with:

my Chambers, which supplies professional and administrative support to my practice;

Courts and other tribunals to whom documents are presented;

my lay and professional clients;

potential witnesses, in particular experts, and friends or family of the data subject;

I retain personal data for no longer than 7 years after the case has come to an end or as otherwise required by law.

I do not intend to transfer data to any country which is not either within the European Union, ‘white listed’ by the EU or otherwise permitted by EU law (e.g. to the USA under the provisions of the ‘Privacy Shield’).

Under the General Data Protection Regulation (GDPR), data subjects whose personal data I process have the right to request from me access to, and rectification or erasure of, their personal data, the right to the restriction of processing concerning them, the right to object to processing as well as the right to data portability. Data subjects also have the right to lodge a complaint with the Information Commissioner’s Office (ico.org.uk).

In cases where there is a contract between me and the data subject, the provision of personal data is a contractual requirement and the data subject is obliged to provide the personal data in order that I can supply legal services. A failure to provide such data may mean that I will not be able to provide the legal services.

Rachel Barnes is qualified to accept instructions direct from clients under the Bar Council’s Public Access Scheme. This means that members of the public who seek specialist advice can come direct to him. In addition, he welcomes instructions from solicitors, in-house law departments, qualified foreign lawyers, and clients licensed by the Bar Council to give instructions direct to barristers under the Bar Council’s Licensed Access Scheme.